The formal consultation regarding the proposed modification to the Leeds City Council Permit Scheme (‘LCCPS’) ran for a period of 30 working days beginning on the 11th October 2019. The deadline for receipt of responses was no later than 5pm on 22nd November 2019.
It was stated in the consultation documents that ‘all responses received by the 22nd November 2019 will be taken into consideration and, if Leeds City Council consider it to be appropriate, amendments will be made to the proposals.
Documentation and an accompanying covering letter was issued to 499 key stakeholder organisations, including local neighbouring Highway Authorities, Utilities, road user representative groups, current IT suppliers and non-government organisations. Some organisations had a number of consultees within them and if known those individuals were contacted directly.
A drop-in session was held on the 6th November for consultees to attend and discuss the proposals. This session was well received and 19 representatives attended.
Twenty two comments on the proposals from 10 organisations were received by the deadline. Many of the comments were also copied to other Authorities who were undertaking this consultation simultaneously.
Where one or more Authority is named in the consultee comment received this has been changed to (the Authority). All the comments received have been included in this report to maintain consistency across Calderdale, Kirklees, Leeds, Sheffield and Wakefield.
Any additional comments from consultants or legal representatives etc. have been added to the comment list so there is transparency regarding all changes to the scheme document.
A list of comments received, and responses or amendments are provided in this document.
No responses were received after the deadline.
General comments
Organisation
Joint Authorities Group
Suggested amendment, clarification, comment or question
Just a quick point as I read through these documents. Are you ditching the YCPS title and now going as (the Authority), reading it through it does not become clear and it does in the odd paragraph give differing impressions. Also you need to remove the name street manager as in the future if it changes you would need to amend the scheme, just use a term like changes in relation to the electronic management system and regulation. Your scheme would also need to be mindful of the proposed changes to the Coordination Code of practice.
Response, reply and recommendation
The Authority is modifying the scheme so that it is a single scheme meeting the Authority needs but is still consistent with the wider Yorkshire Common scheme. The text is designed to convey this.
Section 1.1 will be edited to remove ‘Street Manager’ from the final paragraph.
Organisation
West Yorkshire Fire and Rescue Service
Suggested amendment, clarification, comment or question
West Yorkshire Fire and Rescue Service have approximately 47,000 fire hydrants throughout Yorkshire. These are sited under covers in pavements and are outlet connections to the water mains for front line fire appliances. WYFRS service all hydrants periodically and we are already granted a period of grace if we need to stop a vehicle on the road to carry out a service. When a hydrant is defective we have to order a replacement through Yorkshire Water on whose water main they are sited. This ensures the correct response to maintain the capabilities of WYFRS in meeting our aim of improving community safety and wellbeing and reduce the risk to life, property and the environment from fire and other emergencies, should an incident occur requiring water for firefighting in (the Authority).area. This would also compliment the work and training both the council and the fire service currently aims towards as part of West Yorkshire Prepared (resilience forum) in mutual planning and training for collaborative working in the area (the Authority).
The Yorkshire Water appointed contractors, on behalf of WYFRS, will need to excavate in the footpath or occasionally the road. The water company then re-charge the cost of the work and the proposed additional cost of the permit, to West Yorkshire Fire and Rescue Service. As the Permit Scheme is to be extended to all roads, it raises the prospect of the Council, who partly fund the Fire Service, recharging the fire service when paying permit scheme costs via Yorkshire Water. It would therefore seem sensible to ask if work being carried out by Yorkshire Water on behalf of West Yorkshire Fire and Rescue Service be exempt from permit costs. This is already the case within the Bradford area. If an assurance is required then the water company could provide the Council with the fire service order number.
Response, reply or recommendation
Thank you for this clarification and making this important point.
The Permit Authority also retains the option to waive or reduce fees at its discretion.
All works carried in the highway can cause disruption and therefore need to be considered and coordinated. This requires staff time and cost.
Works by Yorkshire Water will require a Permit and will be charged a corresponding fee unless it meets the criteria in section 11.3 of the scheme document.
The Permit Authority also retains the option to waive or reduce fees at its discretion.
Organisation
City of Bradford Metropolitan District Council
Suggested amendment, clarification, comment or question
The City of Bradford Metropolitan District Council fully supports the proposed transition of your permit scheme arrangements to all-streets, as we believe that this is the best method available to ensure both the continual improvement of utility behaviours and reductions in disruption that have already been successfully achieved across the region since the implementation of the initial Yorkshire Common Permit Scheme.
Furthermore, the transition to all streets will ensure a consistent, unified approach in dealing with the challenges faced by Street Works Authorities on a daily basis.
If there is any further assistance/advice we can provide relating to this matter following the introduction of our own all-streets scheme in June this year, please let me know and I will be happy to advise accordingly.
Response, reply or recommendation
Thank you and thank for your offer of assistance or advice which is appreciated.
Cost Benefit Analysis
Organisation
Openreach
Suggested amendment, clarification, comment or question
The DfT advice note for local highway authorities developing new or varying existing permit schemes, June 2016, states that unless there is a very strong benefit case otherwise, it is strongly recommended that permit fees are only applied to the more strategically significant roads: Category 1, 2 roads and Traffic Sensitive Street roads. This will mean that although permits would still be required for works on non-strategic routes, it should be very unlikely that these works would attract a permit fee. These permit applications would receive only ‘notice’ equivalent treatment by the authority. The application for and the issuing of a permit provides for additional overall improved network management.
Response, reply or recommendation
There is a strong business case for modifying the Permit Scheme and requiring Permits and fees for all streets.
Across the modified schemes the Benefit to Cost Ratios ranged from 14:1 to 71:1. The modified schemes’ societal benefit at a 5% reduction ranges from £250m to £2.5bn over 25 years.
Fees and Discounts
Organisation
Openreach
Suggested amendment, clarification, comment or question
Openreach accepts that in order for (the Authority) to be able to manage work on Street manager Category 3 and 4 streets need to be part of the permit scheme. However, Openreach do not support (the Authority) charging the maximum allowable fees across all streets.
Response, reply or recommendation
Noted.
Organisation
As a balanced view Openreach would support the increase in fees on strategically significant streets i.e. cat 0 -2 and traffic sensitive streets if this will help the authority cover the costs of running a permit scheme. Openreach however do not support the introduction of fees on the lower category of streets.
Response, reply or recommendation
Noted.
There is a strong cost benefit case for charging fees on all roads and employing additional staff to coordinate these permits.
Organisation
Openreach
Suggested amendment, clarification, comment or question
By increasing the fee’s to the proposed levels Openreach would have to seriously consider future projects for G-Fast and Superfast Broadband rollout in (the Authority) to be not commercially viable. An alternative is for consumer prices to be increased to cover the increase in permit fees.
Response, reply or recommendation
The Permit Authority also retains the option to waive or reduce fees at its discretion. A reduction may be applied where it is demonstrated that an activity provides significant economic benefit, for instance a network investment programme.
Organisation
Openreach
Suggested amendment, clarification, comment or question
Until now, (the Authority) have not charged for Cat 3 and 4 streets and Openreach do understand the rationale behind including these in the permit scheme but do not feel that there is justification for (the Authority) to go from not charging for these works to charging the maximum allowable.
Response, reply or recommendation
The previous scheme did not require Permits for Cat 3 and 4 streets. The introduction of Permits on these streets will include the administration and coordination of these Permits increasing the resource requirements and associated costs that will be covered by the new fee structure.
Organisation
Openreach
Suggested amendment, clarification, comment or question
Openreach also note that the only discount (the Authority) applies that is not a legal requirement is the discount for collaboration, Openreach requests that (the Authority) undertake a review of their discounts and include some such as discounts relating to performance or where a statutory undertaker minimises the impact of their works.
Response, reply or recommendation
The proposed fees policy is that fees will not be payable in the following circumstances; where several activity promoters are working within the same site and submit permit applications at the same time. The Permit Authority also retains the option to waive or reduce fees at its discretion. A reduction may be applied where it is demonstrated that an activity provides significant economic benefit, for instance a network investment programme.
Organisation
North Yorkshire County Council
Suggested amendment, clarification, comment or question
Just curious about your fees table for the scheme. I’m assuming that the Major works 4-10 days and up to 3 days is only where a TTRO is in place? Do these fees also apply to a TTRN? Do you still also charge the application fee and advertising for a TTRO on top of those fees? I’m asking because we just have 1 fee for Major works which is varied depending on the traffic sensitivity/ road category.
Response, reply or recommendation
Major activities that are 10 days or less are those that have been identified in an activity promoter’s annual operating programme or are normally planned, or known about at least six months in advance of the proposed start date for the activity; or, Require a temporary traffic regulation Order (i.e. not a temporary traffic notice) under the Road Traffic Regulation Act 1984 for any other activities other than immediate activities. TTROs are charges separately.
Organisation
Virgin Media
Suggested amendment, clarification, comment or question
Virgin Media are disappointed that (the Authority) Permit Scheme and associated fee`s will apply to all classification of roads. Virgin Media requests that (the Authority) grant permits for category 3 and 4 roads by default. Virgin Media believes that coordination on these roads is deemed to be minimal and for those permits to be at zero fee levels.
Response, reply or recommendation
Noted.
There is a strong cost benefit case for charging fees on all roads and employing additional staff to coordinate these permits.
Organisation
Virgin Media
Suggested amendment, clarification, comment or question
Virgin Media acknowledge that (the Authority) will be applying a 30% discount for working wholly outside traffic-sensitive times; however VM are disappointed that the authority chooses to charge the maximum fees on 3 & 4 non TS roads.
Response, reply or recommendation
Noted.
There is a strong cost benefit case for charging fees on all roads and employing additional staff to coordinate these permits.
Organisation
Virgin Media
Suggested amendment, clarification, comment or question
Virgin Media acknowledges that (the Authority) will review their fees accordingly and surplus income will be invested into the scheme.
Response, reply or recommendation
Noted.
Scheme Document
Organisation
Scheme Development Team
Suggested amendment, clarification, comment or question
Updates to the document numbering and edits to section 7 regarding conditions have been discussed amongst the Permit Management Team, with the DfT and consultants.
Response, reply or recommendation
Edits will be made and identified in the tracked change version of the scheme document.
Organisation
Openreach
Section
1.6
Suggested amendment, clarification, comment or question
Openreach agree to the changes (the Authority) have made to the Permit Scheme, including the changes highlighted in Section 1.6.
Response, reply or recommendation
Thank you.
Organisation
Severn Trent Water
Section
Page 25, section 5.31
Suggested amendment, clarification, comment or question
Severn Trent Water (STW) would like to thank (the Authority) for the opportunity to comment on their proposed new Permit Scheme. STW would like to highlight the following points for your consideration. Streets where early notification of Immediate Activities is required. – the document states” that activity promoters to contact the HA by telephone prior to carrying out any activity in any streets so designated “this by default is a condition and is not one of the National Conditions allowed so cannot be enforced. STW respectfully request that this paragraph be removed by (the Authority) to remove any potential for future confusion on this subject.
Response, reply or recommendation
Streets requiring a phone call will be identified on the Gazetteer. It is for streets designated as requiring early notification and the text is for clarification of the requirement.
Organisation
Severn Trent Water
Section
Page 33, section 6.19
Suggested amendment, clarification, comment or question
Application Period - the document states – “the Permit Authority requires early warning of immediate activities on these streets” this is again by default is a condition, but is not one of the National Conditions so cannot be enforced. Immediate activities need to have a Permit application within two hours of starting work or by 10.00 am the next working day. STW respectfully request that this paragraph be removed by (the Authority) to remove any potential for future confusion on this subject.
Response, reply and recommendation
This is an operational requirement of the scheme.
Organisation
Severn Trent Water
Section
Page 47 section 7.20
Suggested amendment, clarification, comment or question
Conditions & Statutory Requirements for Immediate Activities – the document states “ Portable traffic signals will be controlled manually during traffic sensitive times as stated on the local street gazetteer” This is a carte blanche statement. The DFT have stated to all the HAUC’s that all the legislation around this subject states that manually control should be used in line with the relevant legislation and on a case by case bases with the HA clearly explaining the reasons/ expectations of what they require to be achieved, not a carte blanche statement. Relevant legislation states VA is the first option unless special requirements are required and explained by the HA. STW respectfully request that this paragraph be removed or amended to reflect these points by SCC, thus removing any potential for future confusion on this subject.
Response, reply and recommendation
Section 7.20 relates to immediate activities. This is requirement for immediate activities if stated in the gazetteer. Immediate activities are undertaken before a permit is applied for and considered by the Authority.
Organisation
Severn Trent Water
Section
Page 62, section 13.7
Suggested amendment, clarification, comment or question
The last paragraph of this section is not in line with the Immediate Activity notification requirements so cannot be enforced. STW respectfully request that this paragraph be removed by (the Authority) to remove any potential for future confusion on this subject.
Response, reply and recommendation
The text relates to immediate activities which are undertaken before a permit is applied for and considered by the Authority.
Organisation
DfT
Section
7.9 Issuing Permits and Response Time.
Suggested amendment, clarification, comment or question
The Permit Authority will issue permits electronically using the formats in the current electronic means. Format maybe? Bit clunky.
Response, reply and recommendation
Noted and agreed. 7.9 will be edited for clarity.
Organisation
DfT
Section
11.1 Introduction.
Suggested amendment, clarification, comment or question
(The Authority) has set its permit fees in accordance with the Traffic Management Act 2004 Permit Fees Guidance published by DfT in July 2008 and in accordance with the Revised Fee Structure contained in the Additional Advice Note published by the DfT in January 2013. In 2015 the 2008 documents were withdrawn, it’s in the 2015 statutory guidance (or at least it will be in the 2020 one).
Response, reply and recommendation
Noted thank you. 11.1 will be edited.
Organisation
DfT
Section
7.13, 7.16, 7.17.
Suggested amendment, clarification, comment or question
7.13 Traffic Management Provision be sufficient. The Permit Authority may require traffic management conditions, for instance:
- that the road, or relevant section, should be closed to traffic during the works under Section 14 of the Road Traffic Regulation Act;
- that shuttle working and/or portable traffic signals are to be used
This type of condition will be discussed with the activity promoter to reach agreement and ensure that any conditions allow activities to be undertaken in accordance with existing statutory codes and guidance such as Safety at Street Works and Road Works. It is possible that traffic management arrangements will change during the course of the activity. If so this must be explained in the application and if it is considered necessary, these changes will be included in the conditions. A condition may also be included that the promoter must notify the Permit Authority before such changes take place so that the Permit.
7.16 Environmental Conditions. The Permit Authority may require environmental conditions, where appropriate. These may include, but are not limited to, restrictions on hours of work in residential areas to reduce noise, or conditions to protect wildlife. The Permit Authority will provide full information to the activity promoter, at the earliest opportunity, if such conditions are relevant to allow for them to be included in the permit application. Any environmental conditions required will be with the express consent of those responsible for such matters within the local authority area.
7.17 Supplementary Conditions. In addition to the conditions set out above the following conditions may also be required on a permit application and should be considered by the activity promoter when submitting an application. This all read a little odd. There is the statutory conditions as set out in the 2015 statutory guidance (15 March 2015) and that is it – nothing else is a permit condition and capable of attracting an f.p.n under the regulations. Tweak maybe to reflect same?
Response, reply and recommendation
The scheme document will be reviewed in its entirety in the future and this can be simplified and clarified then.
